S Amdt 2796 - Washington DC Capital Punishment Initiative - Key Vote

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Stage Details

Amendment -
Amendment Tabled
(House)
(50-45) -
July 30, 1992

Title: Washington DC Capital Punishment Initiative

Vote Smart's Synopsis:

Vote to table an amendment to HR 5517 that requires Washington DC to hold a citywide referendum in the next general, special or primary election that, if passed, allows juries to impose the death penalty in cases of first degree murder.

Highlights:

- Requires juries to consider mitigating factors during the sentencing phase, including mental capacity, duress, and the degree to which a person participated in the offense [sec. 1118 (d)].
- Requires juries to consider aggravating factors during the sentencing phase, including [sec. 1118 (e)]:

- If the offense occurred while trafficking drugs;
- If the offense occurred while committing or attempting to commit another violent crime, such as rape, arson, or robbery;
- If the offense involved a firearm;
- If the defendant had previously been convicted of a violent felony;
- If the offense occurred while the defendant was incarcerated or while on parole or probation;
- If the offense was performed in a heinous, cruel or depraved manner;
- If the defendant received payment or paid someone else to commit the offense;
- If the offense was substantially premeditated;
- If the victim was particularly vulnerable due to old age, youth, or infirmity;
- If the offense was perpetrated upon a public servant; and
- If the offense was committed in order to interfere with or retaliate against a witness.

- Requires juries to recommend the death penalty if one or more aggravating factors exist and there are no mitigating factors, or if the aggravating factors outweigh the mitigating factors [sec. 1118 (j)].
- Requires jurors to sign a certificate affirming that race, color, religion, national origin, and sex did not play a role in their decision to impose a death sentence [sec. 1118 (k)].
- Prohibits the death penalty from being carried out on a woman while she is pregnant [sec. 1118 (o)].
- Allows employees of any State department of corrections, the United States Marshals Service, or the Federal Bureau of Prisons to exclude themselves from participating in executions if such participation is contrary to their moral or religious convictions [sec. 1118 (p)].
- S Amdt 2797, a modified version of this amendment, was passed by a voice vote on 07/30/1992.

Note:

NOTE: A SENATOR MAY MOVE TO TABLE ANY PENDING LEGISLATION, THUS HALTING FURTHER CONSIDERATION. A "YEA" VOTE IS IN SUPPORT OF HALTING FURTHER CONSIDERATION, AND A "NAY" VOTE IS IN SUPPORT OF FURTHER CONSIDERATION. TABLING MOTIONS ARE OFTEN USED TO KILL LEGISLATION.